DAHYABHAI CHHITABHAI PATEL Vs. CHIMANLAL MANILALK GAJJAR

JUDGEMENT

(1.) IN view of the order passed in Civil Application No.10539 of 2008, heirs of deceased respondent Nos.1 and 2 are brought on record.

(2.) THIS appeal under Section 100 of the Civil Procedure Code is at the instance of the original defendant against whom, original plaintiff Shri Chimanlal Manilal Gajjar had filed Regular Civil Suit No.1883 of 1974 for recovery of possession of the loft (hereinafter referred to as the 'suit loft') situated at first floor of the property bearing House Census No.2668/1 situated at Khatri No.1, Bajwala, Vadodara. Original plaintiff then having expired, respondents are brought on record as heirs of the original plaintiff- deceased Chimanlal.

(3.) DEFENDANT resisted the suit by filing written statement at Exh.10 inter alia stating that the defendant is tenant of the first floor and also of the loft at the first floor from the time of the predecessor in title, named Sushilaben, and also from the time of original landlord Hiraben Jivanbhai Dixit. Defendant specifically denied Sushilaben having possession of the loft portion. It is stated by the defendant that he was in actual possession of the first floor with loft portion and ladder, which was placed for the purpose of entering the loft portion which was in his room. Defendant has denied that Sushilaben ever applied lock and he has broken up the lock and trespassed the loft portion. He has further stated that he had incurred expenses for the purpose of repairing of the window in the suit loft and the said amount was mentioned in the rent receipt issued by the original landlord. Thus, the loft portion in his possession was already there right from the time of the original landlord and is part of his premises at the first floor.